“Ukrainian citizens in Israel will receive refugee rights, while retaining tourist visas” – High Court ruling

High Court of Justice (High Court of Justice) August 6, 2024 granted the appeal of the Ministry of Internal Affairs and overturned the decision of the district courtwhich obliges the Ministry of Internal Affairs to issue 2A5 visas (blue paper, or refugee status visa) to all Ukrainian citizens in Israel under collective protection, obliging the state to grant them rights similar to those of 2A5 visa holders, without the need to renounce their tourist visa.

According to the High Court ruling, due to the ongoing war in Ukraine, the state must formulate a policy towards all Ukrainian citizens in Israel in accordance with the Refugee Convention. The authorities can choose one of two options:

1. Grant every Ukrainian citizen staying in Israel for more than three months a 2A5 visa.
2. Officially declare that every Ukrainian citizen who stays in Israel for more than three months has all the rights of 2A5 visa holders while the collective protection regime is in effect.

Thus, Ukrainians will not need to apply anywhere or do anything additionally, as explained in his Telegram channel lawyer Alex Zernopolsky.

If a Ukrainian citizen under collective protection in Israel leaves the country and wishes to return in the future as a tourist, the decision on entry will be made at the discretion of passport control. This is different from the guaranteed entry ban that holders of a 2A5 visa receive.

The State of Israel continues its policy of non-refoulement of Ukrainian citizens who are in the country illegally following the outbreak of the war in Ukraine, and extends the residence permits of those who are in Israel in accordance with the Law of Entry into Israel.

The court of first instance in its decision (overturned by today's High Court verdict) obliged the State of Israel to replace the tourist visas of thousands of Ukrainian citizens who are in Israel due to the war in Ukraine with 2A5 visas – visas awaiting refugee status. At the same time, a tourist visa allows its holder to leave the country and re-enter it, unlike a 2A5 visa. According to the data presented in the High Court verdict, there are currently 12 thousand Ukrainian citizens in Israel who hold tourist visas.

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